2021 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part IV - Service, Supply, and Property
Chapter 153 - Exchange of Material and Disposal of Obsolete, Surplus, or Unclaimed Property
Sec. 2576a - Excess personal property: sale or donation for law enforcement activities

(a) Transfer Authorized.—(1) Notwithstanding any other provision of law and subject to subsection (b), the Secretary of Defense may transfer to Federal and State agencies personal property of the Department of Defense, including small arms and ammunition, that the Secretary determines is—

(2) The Secretary shall carry out this section in consultation with the Attorney General, the Director of National Drug Control Policy, and the Secretary of Homeland Security, as appropriate.

(b) Conditions for Transfer.—The Secretary of Defense may transfer personal property under this section only if—

(c) Consideration.—Subject to subsection (b)(4), the Secretary may transfer personal property under this section without charge to the recipient agency.

(d) Preference for Certain Transfers.—In considering applications for the transfer of personal property under this section, the Secretary shall give a preference to applications indicating that the transferred property will be used in the counterdrug, counterterrorism, disaster-related emergency preparedness, or border security activities of the recipient agency. Applications that request vehicles used for disaster-related emergency preparedness, such as high-water rescue vehicles, should receive the highest preference.

(e) Property Not Transferrable.—The Secretary may not transfer to a Tribal, State, or local law enforcement agency under this section the following:

(f) Publicly Accessible Website.—(1) The Secretary shall create and maintain a publicly available Internet website that provides information on the controlled property transferred under this section and the recipients of such property.

(2) The contents of the Internet website required under paragraph (1) shall include all publicly accessible unclassified information pertaining to the request, transfer, denial, and repossession of controlled property under this section, including—

(g) Controlled Property.—In this section, the term "controlled property" means any item assigned a demilitarization code of B, C, D, E, G, or Q under Department of Defense Manual 4160.21–M, "Defense Materiel Disposition Manual", or any successor document.

(Added Pub. L. 104–201, div. A, title X, §1033(a)(1), Sept. 23, 1996, 110 Stat. 2639; amended Pub. L. 114–92, div. A, title X, §§1051(a)–(c), 1052, Nov. 25, 2015, 129 Stat. 979–981; Pub. L. 115–91, div. A, title X, §1081(a)(43), Dec. 12, 2017, 131 Stat. 1596; Pub. L. 116–283, div. A, title X, §1053, Jan. 1, 2021, 134 Stat. 3850.)

Section 1051(e) of the National Defense Authorization Act for Fiscal Year 2016, referred to in subsec. (b)(6), is section 1051(e) of Pub. L. 114–92, div. A, title X, Nov. 25, 2015, 129 Stat. 980, which is not classified to the Code.

Provisions similar to those in this section were contained in Pub. L. 101–189, div. A, title XII, §1208, Nov. 29, 1989, 103 Stat. 1566, as amended, which was set out as a note under section 372 of this title, prior to repeal by Pub. L. 104–201, §1033(b)(1). Section 372 of this title was renumbered section 272 of this title by Pub. L. 114–328, div. A, title XII, §1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.

2021—Subsec. (a)(1)(A). Pub. L. 116–283, §1053(a)(1), inserted "disaster-related emergency preparedness," after "counterterrorism,".

Subsec. (b)(6). Pub. L. 116–283, §1053(b)(1), inserted ", including respect for the rights of citizens under the Constitution of the United States and de-escalation of force" before period at end.

Subsec. (d). Pub. L. 116–283, §1053(a)(2), amended subsec. (d) generally. Prior to amendment, text read as follows: "In considering applications for the transfer of personal property under this section, the Secretary shall give a preference to those applications indicating that the transferred property will be used in the counterdrug, counterterrorism, or border security activities of the recipient agency."

Subsecs. (e) to (g). Pub. L. 116–283, §1053(b)(2), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.

2017—Subsec. (b)(4). Pub. L. 115–91 struck out "and" at end.

2015—Subsec. (a)(1)(A). Pub. L. 114–92, §1052(1)(A), substituted "counterdrug, counterterrorism, and border security activities" for "counter-drug and counter-terrorism activities".

Subsec. (a)(2). Pub. L. 114–92, §1052(1)(B), substituted "the Attorney General, the Director of National Drug Control Policy, and the Secretary of Homeland Security, as appropriate" for "the Attorney General and the Director of National Drug Control Policy".

Subsec. (b)(5), (6). Pub. L. 114–92, §1051(b), added pars. (5) and (6).

Subsec. (d). Pub. L. 114–92, §1052(2), substituted "counterdrug, counterterrorism, or border security activities" for "counter-drug or counter-terrorism activities".

Subsec. (e). Pub. L. 114–92, §1051(a), added subsec. (e).

Subsec. (f). Pub. L. 114–92, §1051(c), added subsec. (f).

Pub. L. 114–328, div. A, title III, §344, Dec. 23, 2016, 130 Stat. 2084, provided that:

"(a) In General.—The Secretary of Defense shall implement a formal process to provide Federal Government agencies outside the Department of Defense with information on the availability of surplus, serviceable ammunition from the Department of Defense for the purpose of reducing costs relating to the storage and disposal of such ammunition.

"(b) Implementation Deadline.—The Secretary shall implement the process described in subsection (a) beginning not later than 180 days after the date of the enactment of this Act [Dec. 23, 2016]."